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TO SETTLE AND DEFINE THE BOUNDARIES BETWEEN THE TERRI- 
TORIES OF THE UNITED STATES AND THE POSSESSIONS 
OF HER BRITANNIC MAJESTY IN NORTH AMERICA ; 



FOR 



THE FINAL SUPPRESSION OF THE AFRICAN SLAVE TRADE ; 



AND 



FOR THE GIVING UP OF CRIMINALS, FUGITIVE FROM JUSTICE, IN 

CERTAIN CASES. 



CONCLUDED 9tb AUGUST— RATIFIED 22d AUGUST— EXCHANGED 13th 
OCTOBER— PROCLAIMED 10th NOVEMBER, 1842. 






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PRINTED BY P. FORCE, 1842. 




A Treaty to settle and define the Boundaries between the Territories of tht 
United States and the Possessions of Her Unto nine Majesty in A'orth 
America, for the final Suppression of the African Slave Trade, and for 
the Owing up of Criminals, fugitive from justice, in certain eases • 

Whereas, certain portions of the line of boundary between the United States of Ame- 
rica and the British Dominions in North America, described in the second article of the 
Treaty of Peace of 1783, have not yet been ascertained and determined, notwithstanding 
the repeated attempts which have been heretofore made for that purpose; and whereas, it 
is now thought to be for the interest of both Parties that, avoiding further discussion of 
their respective rights arising, in this respect, under the said Treaty, they should agree on 
a conventional line in said portions of the said boundary, such as may be convenient to 
both Parties, with such equivalents and compensations as are deemed just and reasonable ; 
and whereas, by the Treaty concluded at Ghent, on the 24th day of December, 1814, 
between the United States and His Britannic Majesty, an article was agreed to and inserteil 
of the following tenor, viz : " Art. 10. Whereas, the traffic in slaves is irreconcilable with 
the principles of humanity and justice ; and whereas, both His Majesty and the United 
States are desirous of continuing their efforts to promote its entire abolition, it is hereby 
agreed that both the contracting Parlies shall use their best endeavors to accomplish so 
desirable an object ;" and whereas, notwithstanding the laws which have at various times 
been passed by the two Governments, and the efforts made to suppress it, that criminal 
traffic is still prosecuted and carried on ; and whereas, the United States of America and 
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland are deter- 
mined that, so far as may be in their power, it shall be effectually abolished ; and whereas, 
it is found expedient for the better administration of justice and the prevention of crime 
within the territories and jurisdiction of the two Parties, respectively, that persons commit- 
ting the crimes hereinafter enumerated, and being fugitives from justice, should, under cer- 
tain circumstances, be reciprocally delivered up; The United States of America and Her 
Britannic Majesty, having resolved to treat on these several subjects, have for that purpose 
appointed their respective Plenipotentiaries to negotiate and conclude a Treaty ; that is to 
say, the President of the United States has, on his part, furnished with full powers Daniel 
Wkhster, Secretary of State of the United States, and Her Majesty the Queen of the 
Fniied Kingdom of Great Britain and Ireland has, on her part, appointed the Right Hon- 
orable Alexander Lord AsHBiRTON.a Peer of the said United Kingdom, a member of Her 
Majesty's most honorable Privy Council, and Her Majesty's Minister Plenipotentiary on a 
Special Mission to the United States, who, after a reciprocal communication of their re- 
spective full powers, have agreed to and signed the following articles: 

Article I. 

It is hereby agreed and declared that the line of boundary shall be as follows : Begin- 
ning at the monument at the source of the river St. Croix, as designated and agreed to by 
the Commissioners under the fifth article of the Treaty of 1794, between the Governments 
of the United States and Great Britain ; thence north, following the exploring line run and 
marked by the Surveyors of the two Governments in the years 1817 and 1818, under tht. 
fifth article of the Treaty of Ghent, to its intersection with the river St. John, and to the 
middle of the channel thereof; thence up the middle of the main channel of the said river 
St. John to the mouth of the river St. Francis; thence up the middle of tin: channel ol the 
said river St. Francis, and of the lakes through which it flows, to the outlet of the Lake 
Pohenagamook ; thence southwesterly, in a straight line, to a point on the northwest branch 
of the river St. John, which point shall be ten miles distant from the main branch of the St. 



John, in a straight line, and in the nearest direction; but ii' the said point shall be found to 
be less than seven miles from the nearest point of the summit or crest of the highlands that 
divide those rivers which empty themselves into the river St. Lawrence from those which 
fall into the river St. John, then the said point shall be made to recede down the said 
northwest branch of the river St. John to a point seven miles in a straight line from the 
said summit or crest ; thence in a straight line, in a course about south eight degrees west, 
to the point where the parallel of latitude of 46° 25' north intersects tbe southwest branch 
of the St. John's ; thence southerly, by the said branch, to the source thereof, in the high- 
lands, at the Metjarmette Portage ; thence down along the said highlands which divide the 
waters which empty themselves into the river St. Lawrence from those which fall into the 
Atlantic Ocean to the head of Hall's Stream ; thence down the middle of said stream, till! 
the line thus run intersects the old line of boundary surveyed and marked by Valentine and 
Collins previously to the year 1774, as the 45th degree of north latitude, and which has 
been known and understood to be the line of actual division between the States of New 
York and Vermont on one side, and the British Province of Canada on the other ; and, 
from said point of intersection west, along the said dividing line as heretofore known and 
understood, to the Iroquois, or St. Lawrence River. 

Article II. 

It is moreover agreed that from the place where the joint Commissioners terminated their 
labors under the sixth article of the Treaty of Ghent, to wit : at a point in the Neebish 
Channel, near Muddy Lake, the line shall run into and along the ship channel between St. 
Joseph's and St. Tammany Islands, to the division of the channel at or near the head of St. 
Joseph's Island ; thence turning eastward!)' and northwardly, around the lower end of St. 
George's or Sugar Island, and following the middle of the channel which divides St. 
George's from St. Joseph's Island ; thence up the east Neebish Channel, nearest to St. 
George's Island, through the middle of Lake George ; thence west of Jonas's Island, into 
St. Mary's River, to a point in the middle of that river, about one mile above St. George's 
or Sugar Island, so as to appropriate and assign the said island to the United States ; thence 
adopting the line traced on the maps by the Commissioners, through the river St. Mary and 
Lake Superior, to a point north of lie Royale in said lake, one hundred yards to the 
north and east of He Chapeau, which last mentioned island lies near the northeastern point 
of He Royale, where the line marked by the Commissioners terminates ; and from the last 
mentioned point, southwesterly, through the middle of the sound between He Royale and 
the northwestern mainland, to the mouth of Pigeon River, and up the said river to and 
through the north and south Fowl Lakes to the lakes of the height of land between Lake 
Superior and the Lake of the Woods ; thence along the water communication to Lake 
Saisaginaga, and through that lake ; thence to and through Cypress Lake, Lac du Bois i 
Blanc, Lac la Croix, Little Vermilion Lake, and Lake Namecan, and through the several 
smaller lakes, straits, or streams connecting the lakes here mentioned to that point in Lac 
la Pluie or Rainy Lake, at the Chaudiere Falls, from which the Commissioners traced the 
line to the most northwestern point of the Lake of the Woods ; thence along the said line 
to the said most northwestern point, being in latitude 49° 23' 55" north, and in longitude 
95° 14' 38" west from the observatory at Greenwich ; thence, according to existing trea- 1 
ties, due south, to its intersection with the 49th parallel of north latitude, and along that 
parallel to the Rocky Mountains. It being understood that all the water communications 
and all the usual portages along the line, from Lake Superior to the Lake of the Woods, 
and also Grand Portage, from the shore of Lake Superior to the Pigeon River, as now ac- 
tually used, shall be free and open to the use of the citizens and subjects of both countries. 

Article III. 

In order to promote the interests and encourage the industry of all the inhabitants of the 
countries watered by the river St. John and its tributaries, whether living within the State 
of Maine or the Province of New Brunswick, it is agreed that, where, by the provisions of 
the present treaty, the river St. John is declared to be the line of boundary, the navigation 
of the said river shall be free and open to both parties, and shall in no way be obstructed 
by either; that all the produce of the forest in logs, lumber, timber, boards, staves, or shin- 
gles, or of agriculture, not being manufactured, grown on any of those parts of the State of 
Maine watered by the river St. John, or by its tributaries, of which fact reasonable evidence 



shall, if required, be produced, shall have free access into and through the said river and its' 
said tributaries, having their source within the State of Maine, to and from the seaport at 
the mouth of the said river St. John's, and to and round the Falls of the said river, either 
by boats, rafts, or other conveyance ; that when within the Province of New Brunswick, 
the said produce shall be dealt with as if it were the produce of the said Province ; that in 
like manner the inhabitants of the territory of the upper St. John determined by this treaty 
to belong to Her Britannic Majesty, shall have free access to and through the river for their 
produce, in those parts where the said river runs wholly through the State of Maine : Pro- 
vided always, that this agreement shall give no right to either party to interfere with any 
regulations not inconsistent with the terms of this treaty which the Governments, respect- 
ively, of Maine or of New Brunswick may make respecting the navigation of the said 
river, where both banks thereof shall belong to the same Party. 

Article IV. 

All grants of land heretofore made by either Party, within the limits of the territory which 
by this treaty falls within the dominions of the other Party, shall be held valid, ratified, and 
confirmed to the persons in possession under such grants, to the same extent as if such ter- 
ritory had by this treaty fallen within the dominions of the Party by whom such grants 
were made: And all equitable possessory claims, arising from a possession and improvement 
of any lot or parcel of land by the person actually in possession, or by those under whom 
such person claims, for more than six years before the date of this treaty, shall, in like man- 
ner, be deemed valid, and be confirmed and quieted by a release to the person entitled 
thereto, of the title to such lot or parcel of land so described as best to include the im- 
provements made thereon ; and in all other respects the two Contracting Parties agree to 
ileal upon the most liberal principles of equity with the settlers actually dwelling upon the 
territory falling to them respectively, which has heretofore been in dispute between them. 

Article V. 

Whereas, in the course of the controversy respecting the disputed territory on the north- 
eastern boundary, some moneys have been received by the authorities of Her Britannic 
Majesty's Province of New Brunswick, with the intention of preventing depredations on 
the forests of the said territory, which moneys were to be carried to a fund, called the 
" Disputed Territory Fund," the proceeds whereof, it was agreed, should be hereafter paid 
over to the parties interested in the proportions to be determined by a final settlement of 
boundaries ; it is hereby agreed that a correct account of all receipts and payments on the 
said fund shall be delivered to the Government of the United States within six months 
after the ratification of this treaty ; and the proportion of the amount due thereon to the 
States of Maine and Massachusetts, and any bonds or securities appertaining thereto, shall 
be paid and delivered over to the Government of the United States; and the Government 
of the United States agrees to receive for the use of and pay over to the States of Maine 
and Massachusetts their respective portions of said fund : and further, to pay and satisfy 
said States, respectively, for all claims for expenses incurred by them in protecting the 
said heretofore disputed territory, and making a survey thereof in 1838; the Government 
of the United States agreeing with the States of Maine and Massachusetts to pay them 
the further sum of three hundred thousand dollars, in equal moieties, on account of their 
assent to the line of boundary described in this treaty, and in consideration of the condi- 
tions and equivalents received therefor from the Government of Her Britannic Majesty. 

Article VI. 

It is furthermore understood and agreed that, for the purpose of running and tracing 
those parts of the line between the source of the St. Croix and the St. Lawrence River 
which will require to be run and ascertained, awl for marking the residue of said line by 
proper monuments on the land, two Commissioners shall be appointed, one by the Presi- 
dent of the United States, by and with the advice and consent of the Senate thereof, and 
one by Her Britannic Majesty ; and the said Commissioners shall meet at Bangor, in the 
State of Maine, on the first day of May next, or as soon thereafter as may be, and shall 
proceed to mark the line above described, from the sourco of the St. Croix to the river St. 
John ; and shall trace on proper maps the dividing line along said river, and along the 



6 

river St. Francis to the outlet of the Lake Pobenagamook ; and from the outlet of the said 
lake they shall ascertain, fix, and mark, by proper and durable monuments on the land, the 
line described in the first article of this treaty ; and the said Commissioners shall make to 
each of their respective Governments, a joint report or declaration, under their hands and 
seals, designating such line of boundary, and shall accompany such report or declaration 
with maps certified by them to be true maps of the new boundary. 

Article VII. 

It is further agreed that the channels in the river St. Lawrence, on both sides of the 
Long Sault Islands and of Barnhart Island ; the channels in the river Detroit, on both 
sides of the Island Bois Blanc, and between that island and both the American and Cana- 
dian shores ; and all the several channels and passages between the various islands lying 
near the junction of the river St. Clair with the lake of that name, shall be equally free 
and open to the ships, vessels, and boats of both parties. 

Article VIII. 

The parties mutually stipulate that each shall prepare, equip, and maintain in service, on 
the coast of Africa, a sufficient and adequate squadron, or naval force of vessels, of suita- 
ble numbers and descriptions, to carry in all not less than eighty guns, to enforce, separately 
and respectively, the laws, rights, and obligations of each of the two countries, for the sup- 
pression of the slave trade ; the said squadrons to be independent of each other, but the 
two Governments stipulating nevertheless to give such orders to the officers commanding 
their respective forces as shall enable them most effectually to act in concert and coopera- 
tion, upon mutual consultation, as exigencies may arise, for the attainment of the true ob- 
ject of this article ; copies of all such orders to be communicated by each Government to 
the other respectively. 

Article IX. 

Whereas, notwithstanding all efforts which may be made on the coast of Africa for sup- 
pressing the slave trade, the facilities for carrying on that traffic and avoiding the vigilance 
of cruisers by the fraudulent use of flags, and other means, are so great, and the tempta- 
tions for pursuing it, while a market can be found for slaves, so strong, as that the desired 
result may be long delayed unless all markets be shut against the purchase of African 
negroes, the Parties to this treaty agree that they will unite in all becoming representations 
and remonstrances, with any and all Powers within whose dominions such markets are 
allowed to exist ; and that they will urge upon all such Powers the propriety and duty of 
closing such markets effectually, at once, and forever. 

Article X. 

It is agreed that the United States and Her Britannic Majesty shall, upon mutual requi- 
sitions by" them or their Ministers, Officers, or Authorities, respectively made, deliver up to 
justice all persons who, being charged with the crime of murder, or assault with intent to 
commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged 
papers, committed within the jurisdiction of either, shall seek an asylum, or shall be found, 
within the territories of the other : provided, that this shall only be done upon such evi- 
dence of criminality as, according to the laws of the place where the fugitive or person so 
charged shall be found, would justify his apprehension and commitment for trial, if the 
crime or offence had there been committed ; and the respective judges and other magis- 
trates of the two Governments shall have power, jurisdiction, and authority, upon complaint 
made under oath, to issue a warrant for the apprehension of the fugitive or person so 
charged, that he may be brought before such judges or other magistrates, respectively, to 
the end that the evidence of criminally may be heard and considered ; and if, on such hearing, 
the evidence be deemed sufficient to sustain the charge, it shall be the duty of the exa- 
mining judge or magistrate to certify the same to the proper Executive authority, that a war- 
rant may issue for the surrender of such fugitive. The expense of such apprehension and 
delivery shall be borne and defrayed by the party who makes the requisition and receives 
the fugitive. 



7 

Article XI. 

The eighth article of this treaty shall be in force for five years from the date of the ex- 
change of the ratifications, and afterwards until one or the other Party shall signify a wish 
to terminate it. The tenth article shall continue in force until one or the other of the 
Parties shall signify its wish to terminate it, and no longer. 

Article XII. 

The present Treaty shall be duly ratified, and the mutual exchange of ratifications shall 
take place in London within six months from the date hereof, or earlier if possible. 

In faith whereof we the respective Plenipotentiaries have signed this Treaty, and have 
hereunto affixed our seals. 

Done, in duplicate, at Washington, the ninth day of August, Anno Domini one thousand 
eight hundered and forty-two. 

DANL. WEBSTER. ASHBURTON. 

[seal.] [seal.] 




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